HomeMy WebLinkAboutSubstitution Memo from Planning DepartmentCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noriega V
City Manager
FROM: David Snow
Director, Planning Department
DATE: 12.10.2025
SUBJECT: Substitution of PZ.4— Special
Area Plans and Related
Public Benefits — File ID 18259
ENCLOSURES: Updated Legislation
The purpose of this Substitution Memorandum for Item PZ 4 on the December 11, 2025, City
Commission Agenda is to provide updated legislation. The updates are necessary to Section
3.9.1(f):
• Incorporate text to clarify when calculating public benefits above the minimum
baseline.
• Replaced the term alleviate with reduce.
Upon approval, the updated legislation for the above -referenced Miami 21 Text Amendment
will be provided to the City Clerk's Office for distribution to the Mayor and all Commissioners.
Approved:
DocuSigned by:
r
Qv{I Itbvit y,
650^G6^3nDD43P
Arthur Noriega V, City Manager
12),5.9 S-Jas-J-,(4,0-1 oupto thekdww,u4--
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY
AMENDING ARTICLE 3, SECTION 3.9, TITLED "GENERAL TO ZONES/SPECIAL AREA PLANS,"
CLARIFYING PUBLIC BENEFIT REQUIREMENTS ASSOCIATED WITH SPECIAL AREA PLANS ("SAP"); AND
AMENDING SECTION 3.14, TITLED "GENERAL TO ZONES/PUBLIC BENEFITS PROGRAM," CLARIFYING
HOW SAP PUBLIC BENEFITS ARE CALCULATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City Commission as
the City of Miami's ("City") Zoning Ordinance, which has been amended from time to time ("Miami 21 Code");
and
WHEREAS, as the City evaluates Special Area Plans ("SAPs"), it has become evident that clarification
is needed for the establishment of public benefits as outlined in Section 3.14 of the Miami 21 Code to alleviate
any adverse impacts due to an increase in density, intensity and height resulting from a rezoning and or any
deviations from the development standards outlined in this Miami 21 Code for SAPs; and
WHEREAS, the City further seeks to clarify under Section 3.14 of the Miami 21 Code how the retention
and creation of Public Benefits are reviewed and calculated; and
WHEREAS, on October 8, 2025, at a duly notice public meeting, the Planning, Zoning and Appeals
Board ("PZAB") considered this text amendment to the Miami 21 Code, Item PZAB.18, and passed PZAB-R-
25-058, recommending approval, by a vote of seven to zero (7-0); and
WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals,
objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate
consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP,
the Miami 21 Code, and other City regulations; and
WHEREAS, consideration has been given to the need and justification for the proposed change,
including changed or changing conditions that make the passage of the proposed change necessary; and
WHEREAS, after careful consideration of this matter, it is deemed in the best interest of the general
welfare of the City and its inhabitants to amend the Miami 21 Code as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
C)
Section 1. The recitals and findings contained in the Preamble to this Ordinance are ad tec n
incorporated as if fully set forth in this Section. G ; rr
s l
ca▪ --s
Section 2. Article 3 of the Miami 21 Code is hereby amended in the following particul
"ARTICLE 3: GENERAL TO ZONES � CO
r
rn CO
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
VERSION 5.0 06/10/2025 2
7025 DEC I I AM 8: 18
of=FICEcFTHE CITY c
CITY OF LEk
SECTION 3.9 SPECIAL AREA PLANS
3.9.1 General
a. The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning
to a Special Area Plan. For the purposes of applying for a rezoning to a Special Area Plan, the term
Abutting shall not include properties separated by the Florida East Coast Railway Corridor or separated
across a street or alley with an actual or zoned width of seventy (70) feet or greater as set by Chapter
54, Article V of the City Code.
b. A Special Area Plan shall be approved by the process of rezoning with or without Transect changes.
Properties designated as "T3" — Sub -Urban Transect Zone shall not be considered for a Special Area
Plan.
c. A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types, with
appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public Frontages may be
adjusted to the particular circumstances of the Special Area Plan.
d. A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards
that deviate from the requirements of Article 5.
e. A Special Area Plan shall assign at least five percent (5%) of its aggregated Lot Area to a new Civic
Space Type. Civic Building sites are to be located within or adjacent to Civic Space Types or at the axial
termination of significant Thoroughfares. The developer shall be responsible for constructing the public
improvements within the Special Area Plan, including but not limited to the Civic Space Types and
Thoroughfares.
f. A Special Area Plan shall provide for additional public benefits above the minimum baseline as outlined
in Section 3.14 to reduce anv adverse impacts due to an increase in density. intensity
betl1bt resulting from a rezoning and/or any deviations from the development standards outlined in this
Miami 21 Code.
g, Development within the Special Area Plan shall be pursuant to a recorded development agreement that
will establish the allocation of Thoroughfares and Civic Space Types and Building Area among the Building
sites, and the creation and retention of the public benefits.
9- h. Unless a Building is specifically approved as part of the Special Area Plan, any Building shall be
reviewed by the Planning Director, after referral to and recommendation from the CRC for conformance
to the Plan, prior to issuance of the Building Permit.
#- i_ A Special Area Plan may include:
1. A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary -Grid (B-Grid).
Buildings along the A -Grid shall be held to the highest standard of this Code in support of
pedestrian activity. Buildings along the B-Grid may be more readily considered for automobile
oriented standards allowing surface parking lots, unlined parking decks, and drive-throughs. The
Frontages assigned to the B-Grid shall not exceed thirty percent (30%) of the total length within
a Special Area Plan. For Frontages on the B-Grid, parking areas may be allowed in the Second
Layer.
VERSION 5.0 06/10/2025 3
Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the
CO entire length of the Frontage. The Commercial Use Building shall be no Tess than seventy percent
Ca - 70%) glazed in clear glass and provided with an Awning overlapping the sidewalk as generally
LU , lustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth
E f the Second Layer.
— 3r'tg allery or Arcade Frontage, requiring that a Building provide a permanent cover over the
O — 1--yirdewalk, either cantilevered or supported by columns. The Gallery or Arcade Frontage may be
cDTzombined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Frontage within
• o Lu`t▪ fhe First Layer may apply towards Open Space requirements.
• 4 Build -to -lines that differ from Transect Zone Setback requirement.
• 5A Terminated Vista location, requiring that the Building be provided with architectural articulation
of a Type and character that responds to the location.
6. A Pedestrian Passage, requiring a minimum ten (10) foot wide pedestrian access be reserved
between Buildings.
7. A preservation plan acceptable to the Historic and Environmental Preservation Board for any
historic resources in the area of the Special Area Plan.
8. Area Design Guidelines.
9. A parking management program that enables shared parking among public and private Uses.
10. Flexible allocation of development capacity and Height, excluding Density on individual sites
within the Special Area Plan shall be allowed so long as the capacity or Height distribution does
not result in development that is out of Scale or character with the surrounding area, and provides
for appropriate transitions.
*
SECTION 3.14 PUBLIC BENEFITS
*
3.14.6
Special Area Plans. Creation and retention of Public Benefits in accordance with Section 3.9. Under no
circumstances shall design standards be reduced, waived, or eliminated as part of the retention of the Public
Benefits process. The minimum baseline for calculating the retention of public benefits shall be determined by
the additional development capacity such as the difference in height, density, intensity, lot coverage, and Floor
Lot Ratio (FLR) between the existing underlying zoning and the proposed zoning. This minimum baseline shall
be assessed in accordance with Section 3.14.4(a)(3). Any additional proffers above this baseline shall be
considered as part of the creation of Public Benefits."
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become
and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be
renumbered or relettered and that the word `ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective ten (10) days after adoption.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date
it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the
veto by the City Commission or upon the effective date stated herein, whichever is later.
VERSION 5.0 06/10/2025 4
City of Miami' ''' n
City Hall
3500 Pan American Drive
Ordinance DEC I ! MI 8: 18Miami, mig v.com
LegiSlatki CE OF THE Ci i Y CLERK
CITY OF flIAMI
File Number: 18259 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 3,
SECTION 3.9, TITLED "GENERAL TO ZONES/SPECIAL AREA PLANS,"
CLARIFYING PUBLIC BENEFIT REQUIREMENTS ASSOCIATED WITH
SPECIAL AREA PLANS ("SAP"); AND AMENDING SECTION 3.14, TITLED
"GENERAL TO ZONES/PUBLIC BENEFITS PROGRAM," CLARIFYING HOW
SAP PUBLIC BENEFITS ARE CALCULATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City
Commission as the City of Miami's ("City") Zoning Ordinance, which has been amended from
time to time ("Miami 21 Code"); and
WHEREAS, as the City evaluates Special Area Plans ("SAPs"), it has become evident
that clarification is needed for the establishment of public benefits as outlined in Section 3.14 of
the Miami 21 Code to alleviate any adverse impacts due to an increase in density, intensity and
height resulting from a rezoning and or any deviations from the development standards outlined
in this Miami 21 Code for SAPs; and
WHEREAS, the City further seeks to clarify under Section 3.14 of the Miami 21 Code
how the retention and creation of Public Benefits are reviewed and calculated; and
WHEREAS, on October 8, 2025, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered this text amendment to the Miami 21 Code, Item
PZAB.18, and passed PZAB-R-25-058, recommending approval, by a vote of seven to zero (7-
0); and
WHEREAS, consideration has been given to the relationship of this proposed
amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood
Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further
the goals, objectives and policies of the MCNP, the Miami 21 Code, and other City regulations;
and
WHEREAS, consideration has been given to the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, after careful consideration of this matter, it is deemed in the best interest of
the general welfare of the City and its inhabitants to amend the Miami 21 Code as hereinafter
set forth;
City of Miami Page 1 of 4 File ID: 18259 (Revision:) Printed On: 12/11/2025
File ID: 18259 Enactment Number:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Article 3 of the Miami 21 Code is hereby amended in the following ? N
particulars:1 rn CJ,
C, 0
74 ca rn
"ARTICLE 3: GENERAL TO ZONES -
o Rt,
* 2:rn
> —a E
SECTION 3.9 SPECIAL AREA PLANS =� c?
r
3.9.1 General 20 co
a. The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may
apply for a rezoning to a Special Area Plan. For the purposes of applying for a rezoning
to a Special Area Plan, the term Abutting shall not include properties separated by the
Florida East Coast Railway Corridor or separated across a street or alley with an actual
or zoned width of seventy (70) feet or greater as set by Chapter 54, Article V of the City
Code.
b. A Special Area Plan shall be approved by the process of rezoning with or without
Transect changes. Properties designated as "T3" — Sub -Urban Transect Zone shall not
be considered for a Special Area Plan.
c. A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types,
with appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public
Frontages may be adjusted to the particular circumstances of the Special Area Plan.
d. A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and
the standards that deviate from the requirements of Article 5.
e. A Special Area Plan shall assign at least five percent (5%) of its aggregated Lot Area to
a new Civic Space Type. Civic Building sites are to be located within or adjacent to Civic
Space Types or at the axial termination of significant Thoroughfares. The developer shall
be responsible for constructing the public improvements within the Special Area Plan,
including but not limited to the Civic Space Types and Thoroughfares.
f. A Special Area Plan shall provide for additional public benefits as outlined in Section
3.14 to alleviate any adverse impacts due to an increase in density, intensity and/or
height resulting from a rezoning and/or any deviations from the development standards
outlined in this Miami 21 Code.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 4 File ID: 18259 (Revision:) Printed on: 12/11/2025
3.14.6
File ID: 18259 Enactment Number:
g_ Development within the Special Area Plan shall be pursuant to a recorded development
agreement that will establish the allocation of Thoroughfares and Civic Space Types and
Building Area among the Building sites, and the creation and retention of the public benefits.
g- h. Unless a Building is specifically approved as part of the Special Area Plan, any Building
shall be reviewed by the Planning Director, after referral to and recommendation from
the CRC for conformance to the Plan, prior to issuance of the Building Permit.
# i. A Special Area Plan may include:
1. A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a
Secondary -Grid (B-Grid). Buildings along the A -Grid shall be held to the highest
standard of this Code in support of pedestrian activity. Buildings along the B-Grid
may be more readily considered for automobile oriented standards allowing
surface parking lots, unlined parking decks, and drive-throughs. The Frontages
assigned to the B-Grid shall not exceed thirty percent (30%) of the total length
within a Special Area Plan. For Frontages on the B-Grid, parking areas may be
allowed in the Second Layers
2. Retail Frontage requiring that a Building provide a Commercial Use at sidewalk
level along the entire length of the Frontage. The Commercial Use Building shall
be no less than seventy percent (70%) glazed in clear glass and provided with an
Awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The
first floor should be confined to Retail Use through the depth of the Second
Layer.
3. Gallery or Arcade Frontage, requiring that a Building provide a permanent cover
over the sidewalk, either cantilevered or supported by columns. The Gallery or
Arcade Frontage may be combined with a Retail Frontage as shown in Article 4,
Table 6. Gallery or Arcade Frontage within the First Layer may apply towards
Open Space requirements.
4. Build -to -lines that differ from Transect Zone Setback requirement.
5. A Terminated Vista location, requiring that the Building be provided with
architectural articulation of a Type and character that responds to the location.
6. A Pedestrian Passage, requiring a minimum ten (10) foot wide pedestrian access
be reserved between Buildings.
7. A preservation plan acceptable to the Historic and Environmental Preservation
Board for any historic resources in the area of the Special Area Plan.
8. Area Design Guidelines.
9. A parking management program that enables shared parking among public and
private Uses.
10. Flexible allocation of development capacity and Height, excluding Density on
individual sites within the Special Area Plan shall be allowed so long as the
capacity or Height distribution does not result in development that is out of Scale
or character with the surrounding area, and provides for appropriate transitions.
* * C7 Cr;
C-3 rnrrl
' off
Kw J /
CD
32.
—
r*i
7C
SECTION 3.14 PUBLIC BENEFITS
l
sy P
City of Miami Page 3 of 4 File ID: 18259 (Revision:) Printed on: 12/11/2025
File ID: 18259 Enactment Number:
Special Area Plans. Creation and retention of Public Benefits in accordance with Section 3.9.
Under no circumstances shall design standards be reduced, waived, or eliminated as part of the
retention of the Public Benefits process. The minimum baseline for calculating the retention of
public benefits shall be determined by the additional development capacity such as the
difference in height, density, intensity, lot coverage, and Floor Lot Ratio (FLR) between the
existing underlying zoning and the proposed zoning. This minimum baseline shall be assessed
in accordance with Section 3.14.4(a)(3). Any additional proffers above this baseline shall be
considered as part of the creation of Public Benefits."
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which
provisions may be renumbered or relettered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective ten (10) days after adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
gWy ng III, C y or y 11/6/2025
2 This Ordinance shall become effective as specked herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 4 File ID: 18259 (Revision:) Printed on: 12/11/2025